03/11/05 [revisor ] cmr/dn 05-3389 · 21.03.2005 · dnr-lands & minerals id:651-297-3517 mar...

03/11/05 [REVISOR ] CMR/DN 05-3389

.•

Senator Rohling introduced--

S.F. No. 1773:. Referred to the Committee on Environment and Natural Resources.

1 A bill for an act

2 relating to wetlands; clarifying restriction on 3 wetland development in land sale in Scott County; 4 amending Laws 2003, First Special Session chapter 13; 5 section 25.

6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

7 Section 1. Laws 2003, First Special Session chapter 13,

8 section 25, is amended to read:

9 Sec. 25. [PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC

10 WATERS; SCOTT COUNTY.]

11 (a) Notwithstanding Minnesota Statutes, sections 92.45;

12 94.09; 94.10; 97A.135, subdivision 2a; and 103F.535, the

13 commissioner of natural resources shall sell by private sale the

14 surplus land bordering public waters that is described in

15 paragraph (e).

16 (b) The conveyance shall be in a form approved by the

17 attorney general for consideration of no less than the appraised

18 value of the land.

19 (c) The deed must contain a restrictive covenant that

20 prohibits altering, disturbing vegetation in, draining, filling,

21 or placing any material or structure of any kind on or in the

22 existing wetland area located on the land; prohibits any

23 increase in run-off rate or volume from the land or future

24 buildings into said wetland; and prohibits diverting or

25 appropriating water from said wetland. This restriction applies

Section 1 1

03/11/05" . [REVISOR ] CMR/DN 05-3389

1 only to the public waters wetland on the land identified on the

2 public waters inventory map as 70-148W. Other wetlands on the

3 land are subject to Minnesota Statutes, sections 103G.221 to

4 103G.2372.

5 (d) The consideration received for the conveyance shall be

6 deposited in the state treasury and credited to the wildlife

7 acquisition account in the game and fish fund. The money is

8 appropriated to the commissioner of natural resources for

9 wildlife land acquisition purposes.

10 (e) The land that may be sold is in the Prior Lake wildlife

11 management area in Scott county and is described as:

12 The East 1200 feet of the South 800 feet of the Southwest

13 Quarter of the Southeast Quarter of Section 22, Township

14 115 North, Range 22 West. .Including the abandoned

15 right-of-way of the Chicago, Milwaukee, St. Paul a~d

16 Pacific Railroad Company (formerly the Hastings and Dakota

17 Railway Company). Containing 22 acres, more or less.

18 (f) This land no longer fits into the state wildlife

19 management area system because of hunting limitations, its small

20 size, and future development planned for the area. Proceeds

21 from the sale will be used to purchase lands more suitable for

22 wildlife management and public use.

23 [EFFECTIVE DATE.] This section is effective the day

24 following final enactment.

2

DNR-Lands & Minerals ID:651-297-3517 MAR 21'05 13:40 No.002 P.02

Minnesota Dcpartn1cnt of Natural Resources

SOO Lui'

FORM7A

SUBCOMMITTEE REPO T - WITH AMENDMENTS

TO: Environment and Natural Resources Committee

FROM: Public Lands and Waters Subcommittee

S.F.No.896

Amendments: A-3, SF 1773, A-4, A-7, A05-0192, A-5

Subcommittee recommendation:

!Zl And when so amended that the bill be recommended to pass and be referred to the full committee. OR

0 And when so amended that the bill __

March 21, 2005 (date of subcommittee action)

01/25/05 [REVISOR ] EB/VM 05-0186

Senators Bakk, Senjem, Saxbaug and Ruud introduced--

S .. F. No. 896: Referred to the Committee on Environment and Natural Resourc~s.

1 A bill for an act

2 relating to state lands; authorizing private sale of 3 certain surplus land in Hubbard, Lake, and Wabasha 4 Counties.

5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

6 Section 1. [PRIVATE SALE OF SURPLUS STATE LAND; HUBBARD

7 COUNTY.]

8 (a) Notwithstanding Minnesota Statutes, sections 94.09 and

9 94.10, the commissioner of natural ·resources may sell by private

10 sale the surplus state land that is described in paragraph (c).

11 (b) The conveyance must be in a form approved by the

12 attorney general .. The attorney general may make necessary

13 changes to the legal description to correct errors and ensure

14 accuracy.

15 (c) The land that may be sold is located in Hubbard County

16 and is described as follows:

17 That part of the Northwest Quarter of the Northwest Quarter

18 of Section 22, Township 142 North, Range 33 West, Hubbard

19 County, Minnesota, described as follows:

20 Beginning at the northeast corner of said Northwest Quarter

21 of the Northwest Quarter, being a 3/4 inch rebar with

22 plastic cap stamped "MN DNR LS 17005" (DNR Monument);

23 thence on a bearing based on the Hubbard County Coordinate

24 system of 1983 of North 88 degrees 51 minutes 21 seconds

25 West, along·the north line of said Northwest Quarter of the

Section 1 1

01/25/05 [REVISOR ] EB/VM 05-0186

1 Northwest Quarter 253.67 feet to a DNR Monument; thence

2 South 04 degrees 03 minutes 57 seconds East 132.71 feet to

3 a DNR Monument; thence South 79 degrees 15 minutes 13

4 seconds East 248.33 feet to the east line of said Northwest

5 Quarter of the Northwest Quarter and a DNR Monument; thence

6 North 00 degrees 05 minutes 06 seconds East along the east

7 line of said Northwest Quarter of the Northwest Quarter

8 173.61 feet to the point of beginning, containing 0.87

9 acres.

10 (d) The sale would resolve a long-standing unintentional

i1 trespass.

12 Sec. 2. [PRIVATE SALE OF SURPLUS STATE LAND BORDERING

13 PUBLIC WATER; LAKE COUNTY.]

14 (a) Notwithstanding Minnesota Statutes, sections 92.45,

15 94.09, and 94.10, the commissioner of natural resources may sell

16 by private sale the surplus state land bordering public water

17 that is described in paragraph (c).


19 attorney general. The conveyance shall reserve a conservation

20 easement to ensure protection of the fish and wildlife shoreline

21 habitat. The attorney general may make necessary changes to the

22 legal description to correct errors and ensure accuracy.

23 (c) The land that may be sold is located in Lake County and

24 is described as follows: an undivided l/16th interest in

25 Government Lot 7, Section 31, Township 63 North, Range 11 West.

26 (d) The sale would allow the combination of the 1/16

27 interest with the remaining 15/16 interest.

28 Sec. 3. [PRIVATE SALE OF SURPLUS STATE LAND; WABASHA

29 COUNTY.]


31 94.10, the commissioner of natural resources may sell by private

32 sale the surplus.state land that is described in paragraph (c).

33 (b) The conveyance must be in a _form approved by the

34 attorney general. The attorney general may make necessary


36 accuracy.

Section 3 2

01/25/05 [REVISOR ] EB/VM 05-0186

1 (c) The land that may be sold· is located in Wabasha County


3 That part of the South Half of the Southwest Quarter of

4 Section 14, Township 109 North, Range 10 West, Wabasha County,

5 Minnesota, lying southerly of the following described center

6 line:

7 Commencing at the southwest corner of said South Half of

8 the southwest Quarter from which the southeast corner of

9 said South Half of the Southwest Quarter bears East,

10 assumed bearing; thence South 88 degrees 44 minutes East

11 69.69 feet to the point of beginning; thence North 62

12 degrees East 72.46 feet; thence North 64 degrees East 48.05

13 feet; thence East 77.19 feet; thence South 86 degrees East.

14 73.98 feet; thence North 76 degrees East 72.83 feet; thence

15 North 64 degrees East 75.07 feet; thence North 77 degrees

16 East 76.52 feet; thence North as degrees East 13.74 feet;

17 thence North 47 degrees East 63.99 feet; thence North 72


19 feet; thence North 39 degrees East 56.12 feet; thence South

20 66 degrees East 80.17 feet; thence South 82 degrees East


22 South 31 degrees East 81.99 feet; thence South 10 degrees

23 East 39.39 feet; thence South 12 degrees East 74.13 feet;

24 thence South 22 degrees East 51.75 feet; thence South 43

25 degrees East 18.47 feet; thence South 83 degrees East 71.42

26 feet; thence North 89 degrees East 53.56 feet; thence North

27 28 degrees East 70.36 feet; thence North 31 degrees East



30 East 68.58 feet; thence North 14 degrees East 75.72 feet;

31 thence North 17 degrees East 72.04 feet; thence South 76

32 degrees East 84.66 feet;·thence South 51 degrees East 75.23

33 feet; thence South 73 degrees East 72.96 feet; thence South

34 79 degrees East 81.25 feet; thence South 01 degree East

35 82.11 feet; thence South 05 degrees West 73.45 feet; thence


Section 3 3

01/25/05 [REVISOR ] EB/VM 05-0186



3 degrees East 80.95 feet; thence South 26 degrees East 49.79.

4 feet, more or less, to the south line of said South Half of

5 the Southwest Quarter and there terminating, containing 6.4

6 acres, more or less.

7 (d) The sale would correct an error in a prior land

8 acquisition that cut off the existing access route to the

9 remainder of the adjacent landowner's property.

4

r

Senate Counsel, Research, and Fiscal Analysis

G-17 STATE CAPITOL enate

75 REV. DR. MARTIN LUTHER KING, JR. BLVD. State of Minnesota Sr. PAUL, MN 55155-1606

(651) 296-4791 FAX: (651) 296-7747

Jo ANNE ZoFF SELLNER

DIRECTOR

S. . o. 896, Delete-Everything Amendment -Omni us Lands B

Author: Senator Thomas Bakk

Prepared by: Greg Knopff, Legislative Analyst q,( L phone: 651-296-9399 fax: -~~296-7747 e-mail: [email protected]

Date·: March 20, 2005

Section 1 [Scientific and Natural Areas; County Approval] provides that county approval of scientific and natural areas (SNAs) either at the time they are acquired or when the land is designated. If the land is acquired as a SNA and county approval was obtained, then county approval of the designation is not required. If the land was not acquired as a SNA and county approval was not obtained for the acquisition, then county approval is required for designation. This is from S.F. No. 709 (Bakk), as amended by subcommittee.

Section 2 [Hunting Trapping, and Fishing; SNAs] authorizes the Commissioner of Natural Resources to allow hunting, trapping, or fishing in a SNA at the time of designation. This is from S.F. No. 709 (Bakk).

Section 3 [Private Sale of Con-Con land; Aitkin County] allows the Commissioner of Natural Resources to sell certain consolidate conservation (Con-Con) land by private sale. This is from S.F. No. 846 (Saxhaug), as amended by subcommittee. ·

Section 4 [Private Sale of Tax-Forfeited land; Beltrami County] allows Beltrami County to sell certain tax-forfeited land by private sale. This is from S.F. No. 1527 (Skoe).

Sections 5 to 8 [Conveyance of Tax-Forfeited lands Bordering Public Water; Hennepin County] allows Hennepin County to sell or convey for public use, by cities, certain parcels of tax-forfeited land that border public waters. These sections are from S. F. No. 1508 (Olson).

Section 9 [Private Sale of Surplus State Land; Hubbard County] allows the Commissioner of Natural Resources to sell certain state land in Hubbard County by private sale. This is from S.F. No. 896 (Bakk).

Section 10 [County Environmental Trust Fund; Itasca County] allows Itasca County to use money in their county environmental trust fund to acquire specific parcels for public access purposes. This is from S.F. No. 845 (Saxhaug), as amended by subcommittee.

Section 11 [Private Sale of Tax·Forfeited Land Bordering Public Water; Itasca County] allows Itasca County to sell certain tax-forfeited land bordering public water by private sale. This is from S.F. No. 1188 (Saxhaug).

Section 12 [Public Sale of Tax .. forfeited Land Bordering Public Water; Itasca County] allows Itasca County to sell certain tax-forfeited land bordering public water. This is from S.F. No. 1102 (Saxhaug). ;'

Section 13 [Private Sale of Surplus State land; Lake County] allows the Commissioner of Natural Resources to sell certain state land in Lake County by private sale. This is from S.F. No. 896 (Bakk).

Section 14 [Public Sale· of Tax·Forfeited Land Bordering Public Water; St. Louis County] allows St. Louis County to sell certain tax-forfeited land bordering public water. This is from S.F. No. 1633 (Bakk).

Section 15 [Private Sale of Tax-Forfeited Land; St. Louis County] allows St. Louis County to sell certain tax-forfeited land by private sale. This is from S.F. No. 1633 (Bakk).

Section 16 [Private Sale of Surplus State Land; Wabasha County] allows the Commissioner of Natural Resources to sell certain state land in Wabasha County by private sale. This is from S.F. No. 896 (Bakk), as amended.

Section 17 [Private Sale of Tax-Forfeited Land; Washington County] allows Washington County to sell certain tax-forfeited land by private sale. This is from S.F. No. 1105 (Bachmann).

Section 18 [Repealer] repeals the current provision requiring county approval of all SNAs prior to designation.

GK:dv

2

03/17/05 (COUNSEL ] GK SCS0896A-3

1 Senator ..... moves to amend S.F. No. 896 as follows:

2 Delete everything after the enacting clause and insert:

3 "Section 1. Minnesota Statutes 2004, section 84.033, is

4 amended by adding a subdivision to read:

s Subd. 3. (COUNTY APPROVAL.] The commissioner must follow

6 the procedures under section 97A.145, subdivision 2, when:

7 (1) acquiring land for designation as a scientific and

8 natural area under this section; and

9 (2) designating land that was not acquired under this

10 section as a scientific and natural area.

11 sec. 2. Minn~sota Statutes 2004, section 97A.093, is

12 amended to read:

13 97A.093 [HUNTING, TRAPPING, AND FISHING IN SCIENTIFIC AND

14 NATURAL AREAS.]

15 Except as otherwise provided by law, scientific and natural

16 areas are closed to hunting, trapping, and fishing unless:

17 (1) £e~-se~eRe~£~e-aHa-Rae~~a±-a~eas-aes~~Raeee-hefe~e-May

18 ~57-~99r7 the designating document allows hunting, trapping, or

19 fishing; or

20

21 commissioner allows hunting, trapping, or fishing in accordance

22 with the procedure in section 86A.05, subdivision 5, paragraph

23 (d).

24 Sec. 3. [PRIVATE SALE OF CONSOLIDATED CONSERVATION. LAND;

25 AITKIN COUNTY.]

26 (a) Notwithstanding the classification and public sale

27 provisions of Minnesota statutes, chapters 84A and 282, or other

28 law to the contrary, the commissioner of natural resources may

29 sell the consolidated conservation land desc·ribed in paragraph

30 (c) to Aitkin County under the remaining provisions. of Minnesota

31 Statutes, chapters 84A and 282.


33 attorney general. The consideration for the conveyance must be

34 for no less than the appraised value of the land and timber, and

35 any survey costs. Proceeds shall be disposed of according to

36 Minnesota Statutes, chapter 84A.

Section 3 1

03/17/05 [COUNSEL ] GK SCS0896A-3

1 (c) The land to be sold is in Aitkin County and is

2 described as: the North 400 feet of the West 800 feet of the

3 Northwest Quarter of the Northeast Quarter, Section 22, Township

4 51, Range 26.

5 Sec. 4. [PRIVATE SALE OF TAX-FORFEITED LAND; BELTRAMI

6 COUNTY.]

7 (a) Notwithstanding the public sale provisions of Minnesota

8 statutes, chapter 282, or other law to the contrary, Beltrami

9 County may sell by private sale the tax-forfeited land described

10 in paragraph (c).




14 accuracy.

15 (c) The land to be sold is located in Beltrami County,

16 contains 4.87 acres more or less, and.is described as: a par~~l

17 of land located north of the north right-of-way line of State

18 Highway 71 in the extreme northeasterly corner of the Northwest

19 Quarter of the Northeast Quarter, Section 32, Township 148

20 North, Range 32 West.

21 (d) The county has determined that the county's land

22 management interests would best be served if the lands were

23 returned to private ownership.

24 Sec. 5. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING ON

25 PUBLIC WATER OR INCLUDING WETLANDS; HENNEPIN COUNTY.]

26 Subdivision 1. [SALE REQUIREMENTS.] (a) Notwithstanding

27 Minnesota Statutes, sections 92.45, 103F.535, and 282.018,

28 subdivision 1, Hennepin County may sell or convey for public use.

29 without monetary consideration to the city of Brooklyn Park, a

30 governmental subdivision; for an authorized public use for Storm

31 Water Retention Area, the parcel of tax-forfeited land bordering

32 public water or natural wetlands containing in excess of 150

33 feet of frontage on Shingle Creek, that is described in

.34 subdivision 2, under the remaining provisions of Minnesota

35 Statutes, chapter 282.

36 (b) Any such conveyance shall be subject to restrictions

Section 5 2

03/17/05 [COUNSEL ] GK SCS0896A-3

1 imposed by the commissioner of the Department of Natural

2 Resources and subject to the clause for reversion to the state

3 for failure to use, or abandonment of use for which the

4 tax-forfeited lands were acquired in Minnesota Statutes, section

5 282. 01.

6 (c) The conveyance must be in a form approved by the

7 attorney general.

8 Subd. 2. [LEGAL DESCRIPTION.] (a) The parcel of land that

9 may be conveyed is described as: Unplatted, Section 30,

10 Township 119, Range 21, the East 187.1 feet of the West 1,182.6

11 feet of the South 597 feet of the Southwest 1/4 of the Northeast

12 1/4. Also that part of the Southwest 1/4 of the Northeast 1/4

13 lying East of the West 1,182.6 feet thereof and lying

14 southwesterly of Registered Land Survey No. 304.

15 (b) The land described must be sold under the sale

16 provisions in Minnesota Statutes, section 282.01.

17 (c) Hennepin County has determined that the county's land


19 returned to private ownership or conveyed to a governmenta~

20 subdivision for an authorized public use.




24 PUBLIC WATER OR INCLUDil~G WETLANDS; HENNEPIN COUNTY.]


26 Minnesota statutes, sections 92.45, 103F.535, and 282.018,

27 subdivision 1, Hennepin County may sell or convey for public use

28 without monetary consideration to the city of Minnetrista, a

29 governmental subdivision, for an authorized public use for

30 Preservation of Wetlands-and Wildlife, the parcel of

31 tax-forfeited land bordering public water or natural wetlands

32 containing in excess of 150 feet of frontage on Painter Creek

33 and Jennings Bay on Lake Minnetonka, that is described in

34 subdivision 2, under the remaining provisions of Minnesota

35 Statutes, chapter 282~


Section 6 3

03/17/05 (COUNSEL ] GK SCS0896A-3



3. for failure to use, or abandonment of use for which the

4 tax-forfeited lands were acquired as provided in Minnescta

5 Statutes, section 282.01.


7 attorney general.


9 may be conveyed is described as: Outlot 2, Sun Valley.

10 (b) The land described must be sold under the sale




14 returned to private ownership or conveyed to a governmental


16 (EFFECTIVE DATE.] This section is effective the day





21 Minnesota Statutes, sections 92.45, 103F.535, and 282.018,

22 subdivision 1, Hennepin County may sell or convey to the city of

23 Eden Prairie, a governmental subdivision, for an authorized

24 public use for wetland purposes, the parcel of tax-forfeited

25 land bordering public water or natural wetlands containing in

26 excess of 150 feet of frontage on Lake Idlewild (27-74P), that

27 is described in subdivision 2, under the remaining provisions of

28 Minnesota Statutes, chapter 282.





33 tax-forfeited lands were acquired as provided in Minnesota



36 attorney general.

Section 7 4

03/17/05 [COUNSEL ] GK SCS0896A-3


2 may be conveyed is described.as Lot 21 except parts plattad as

3 Registered Land Survey No. 895 and Idlewood Lake Addition and

4 Anderson Idlewild Addition and Anderson's Idleview, Auditor's

5 Subdivision No. 335, Hennepin County, Minnesota.

6 (b) The land desc~ibed must be sold under the sale











17 Minnesota statutes, sections 92.45, 103F.535, and 282.018-,

18 subdivision 1, Hennepin County may sell or convey to the city of

19 Eden Prairie, a governmental subdivision, for an authorized

20 public use of wetland purposes, the parcel of tax-forfeited land

21 bordering public water or natural wetlands containing in excess

22 of 150 feet of frontage on Lake Idlewild (27-74P) or the

23 majority of the parcel under water, that is described in

24 subdivision 2, under the remaining provisions of Minnesota

25 Statutes, chapter 282.





30 tax-forfeited lands were-acquired as provided in Minnesota



33 attorney general.


35 may be conveyed is described as Outlet A, Anderson Idlewild

36 Addition.

Section 8 5

03/17/05 [COUNSEL ] GK SCS0896A-3

1 (b) The land described must be sold under the sale ·

2 provisions in Minnesota Statutes, section 282.01~







9 Sec. 9. [PRIVATE SALE OF SURPLUS STATE LAND; HUBBARD

10 COUNTY.]

11 (a) Notwithstanding Minnesota Statutes, section$ 94.09 and


13 sale the surplus state land that is described in paragraph (c).




17 accuracy.

18 (c) The land that may pe sold is located in Hubbard County


20 That part of the Northwest Quarter of the Northwest Quarter

21 of Section 22, Township 142 North, Range 33 West, Hubbard

22 County, Minnesota, described as follows:

23 Beginning at the northeast corner of said Northwest Quarter

24 of the Northwest Quarter, being a 3/4 inch rebar with

25 plastic cap stamped "MN DNR LS 17005" (DNR Monument);

26 thence on a bearing based on the Hubbard County Coordinate

27 System of 1983 of North 88 degrees 51 minutes 21 seconds

28 West, along the north line of said Northwest Quarter of the

29 Northwest Quarter 253.67 feet to a DNR Monument; thence

30 South 04 degrees 03 !ninutes 57 seconds East 132.71 feet to

31 a DNR Monument; thence South 79 degrees 15 minutes 13

32 seconds East 248.33 feet to the east line of said Northwest

33 Quarter of the Northwest Quarter and a DNR Monument; thence

34 North 00 degrees 05 minutes 06 seconds East along the east

35 line of said Northwest Quarter of the Northwest Quarter

36 173.61 feet to the point of beginning, containing 0.87

Section 9 6

03/17/05 [COUNSEL ] GK SCS0896A-3

1 acres.

2 (d) The sale would resolve a long-standing unintentional

3 trespass.

4 Sec. 10. [COUNTY ENVIRONMENTAL TRUST FUND; ITASCA COUNTY.]

s (a) Notwithstanding Laws 1998, chapter 389, article 16,

6 section 31, subdivision 4, as amended, Itasca County may spend

7 money in the Itasca County environmental trust fund to acquire

8 the land described in paragraph (b) for public access purposes.

9

10 as:

11

12

13

(b) The land to be acquired by Itasca County is described

(1) parcel number 91-017-1105; and

(2) parcel number 91-017-1102.

Sec. 11. [PRIVATE SALE OF TAX-FORFEITED LAND BORDERING

14 PUBLIC WATER; ITASCA COUNTY.]


16 282.018, subdivision 1, and the public sale requirements of

17 Minnesota Statutes, chapter 282, Itasca County may sell by

18 private sale the tax-forfeited land bordering public water that

19 is described in paragraph (c), under Minnesota Statutes, section

20 282.01, subdivision 7.


22 attorney general for the appraised value of the land and include

23 conditions that the existing structures must be removed within

24 one year of the sale and a conservation easement be retained on

25 the parcel.

26 (c) The land to be sold is located in Itasca County and is

27 described as: Government Lot 9, Section 19, Township 60 North,

28 Range 26 West.


30 management interests would be best served if the lands were


32 Sec. 12. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING

33 PUBLIC WATER; ITASCA COUNTY.]


35 282.018, subdivision 1, Itasca County may sell the tax-forfeited

36 land described in paragraph (c) by public sale, under the

Section 12 7

03/17/05 [COUNSEL ] GK SCS0896A-3

1 remaining provisions of Minnesota Statutes, chapter 282.


3 attorney general for the appraised value of the land.

4 (c) The land to be sold is located in Itasca County and is

5 described as:

6 (1) that part lying west of Highway 65 of the Northwest

7 Quarter of the Northeast Quarter, .section 13, Township 53 North,

8 Range 23 West;

9 (2) the undivided 1/24th interest in the Northeast Quarter

10 of the Southwest Quarter, Section 13, Township 56 North, Range

11 25 West;

12 (3) the undivided 1/24th interest in the Northwest Quarter

13 of the Northwest Quarter, Section 13, Township 56 North, Range

14 25 West; and

15 (4) the West 200 feet of the East Half of Government Lot 4,

16 Section 23, Township 58 North, Range 24.West.




20 Sec. 13. [PRIVATE SALE OF SURPLUS STATE LAND BORDERING

21 PUBLIC WATER; LAKE COUNTY.]


23 94.09·, and 94.10, the commissioner of natural resources may sell

24 by private sale the surplus state land bordering public water

25 that is described in paragraph (c).


27 attorney general. The conveyance shall reserve a conservation

28 easement to ensure protection of the fish and wildlife shoreline

29 habitat. The attorney general may make necessary changes to the

30 legal description to correct errors and ensure accuracy.

31 (c) The land that may be sold is located in Lake County and

32 is described as follows: an undivided 1/16th interest in

33 Government Lot 7, Section 31, Township 63 North, Range 11 West.

34 (d) The sale would allow the combination of the 1/16

35 interest with the remaining 15/16 interest.

36 Sec. 14. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING

Section 14 8

03/17/05 [COUNSEL ] GK SCS0896A-3

1 PUBLIC WATER; ST. LOUIS COUNTY.]


3 282.018, subdivision 1, st. Louis County may sell the

4 tax-forfeited lands bordering public water that are described in

5 paragraphs (c) to (g), under the remaining provisions of

6 Minnesota Statutes, chapter 282.

7 (b) The conveyances must be in a form approved by the


9 changes to legal descriptions to correct errors and ensure

10 accuracy.

11 (c) The land to be sold is located in st. Louis County and

12 is described as:

13 (1) the westerly 400 feet of the easterly 800 feet of Lot

14 4, Section 13, Township 54 North, Range 17 West; and

15 (2) the West Half of the Northwest Quarter of the Southwest

16 Quarter, Section 33, Township 51 North, Range 16 West.

17 (d) The conveyances of land under this paragraph must

18 retain for the state a 150-foot trout stream easement lying 75

19 feet on each side of the centerline of the stream. The land to

20 be sold is located in St. Louis County and is described as:

21 (1) the Northeast Quarter of the Northeast Quarter, Section

22 7, Township 50 North, Range 18 West;

23 (2) the' North Half of the Northeast Quarter and the North

24 Half of the Northwest Q~arter, Section 8, Township 50 North,

25 Range 18 West;

26 (3) the Northwest Quarter of the Northeast Quarter, except

27 the North Half, and that part of the West 10 acres of the

28 Northeast Quarter of the Northeast Quarter lying south of Lester

29 River and the West 10 acres of the Northeast Quarter of the

30 Northeast Quarter lying north of Lester River, except the North

31 5 acres, Section 17, Township 51 North, Range 13 West;

32 (4) the Northwest Quarter of the Southeast Quarter, except

33 the West Half, and the East 165 feet of the West Half of the

34 Northwest Quarter of the Southeast Quarter, Section 5, Township

35 51 North, Range 13 West;

36 (5) the East Half of the Southeast Quarter of the Southeast

Section 14 9

03/17/05 [COUNSEL ] GK SCS0896A-3

1 Quarter, Section 34, Township 58 North, Range 20 West; and

2 (6) Government Lot 2, Section 17, Township 51 North, Range

3 12 West, Wonderland 1st Addition to the town of Duluth, Lot 22,

4 Block 1.

5 (e) The conveyance of land under this paragraph must

6 contain a deed restriction that is 75 feet in width alona the

7 shoreline, excluding a 15-foot access strip. The land to be

8 sold is located in St. Louis County and is described as: Lot 6,

9 Lot 7, and Lot 8, except the easterly 50 feet, Erickson's Beach,

10 town of Fayal, Section 27, Township 57 North, Range 17 West.

11 (f) The conveyance of land under this paragraph must

12 contain a deed restriction that is 75 feet in width along the

13 shoreline. The land to be sold is located in St. Louis County

14 and is described as: Lots 64 and 65, Vermilion Dells, 1st

15 Addition Greenwood, Section 2, Township 62 North, Range 16 West.

16 (g) The conveyances of land under this paragraph must

be sold is located in St. Louis County and is described as:

{l} the Northeast Quarter of the Southeast Quarter, Section

31, TownshiE 52 North, Range 14 West;

{ 2} the Northeast Quarter of the Southwest Quarter, Section

31, TownshiE 52 North, Range 14 West; and

30 Sec. 15. [PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS

31 COUNTY.]

32 (a) Notwithstanding: the 12ublic sale 12rovisions of Minnesota

33 Statutes, chapter 282, or other law to the contrary, St. Louis

34 County may sell by 12rivate sale the tax-forfeited land described

35 in 12arag:ra12h (c).

36 (b) The conveyances must be in a form ap12roved by the

Section 15 10

03/17/05 [COUNSEL ] GK SCS0896A-3

1 attorney general and, except for the parcel under paragraph (c),

2 clause (4), require ~he buyers to pay an administration fee to

3 cover expenses incurred by the county. The attorney general may

4 make necessary changes to legal descriptions to correct errors

5 and ensure accuracy.

6 (c) The land to be sold is located in st. Louis County and

7 is described as:

8 (1) the West 335 feet of the South 130 feet of the

9 Northwest Quarter of the Northeast Quarter, Section 12, Township

10 63 North, Range 12 West. This parcel contains 1.0 acres more or

11 .less;

12 (2) the westerly 165.00 feet of the southerly 80.00 feet of

13 the easterly 490.00 feet of the Southeast Quarter of the

14 southeast Quarter, Section 14, Township 51 North, Range 14

15 West. This parcel contains 0.3 acres;

16 (3) Lot 17, Block 5, Lyman Park Division of Duluth;

17 (4) the West 220 feet of the Southwest Quarter of the

18 Northeast Quarter, Section 11, Township 54 North, Range 15 West;

19 (5) the West 115 feet of the Southeast Quarter of the

20 Northeast Quarter of Section 32, Township 63 North, Range 12

21 West, lying north of the centerline of State Trunk Highway 169

22 and subject to highway right-of-way easement. This parcel

23 contains 1.2 acres more or less; and

24 (6) the West 115 feet of the Southeast Quarter of the

25 Northeast Quarter of Section 32, Township 63 North, Range 12

26 West, lying south of the centerline of State Trunk Highway 169

27 and subject to highway right-of-way easement. This parcel

28 contains 2.5 acres more or less.

29 (d) The sales under this section resolve unintentional

30 · occupancy trespasses.

31 Sec. 16. [PRIVATE SALE OF SURPLUS STATE LAND; WABASHA

32 COUNTY.]



35 sale the surplus state land that is described in paragraph (c) .


Section 16 11

03/17/05 [COUNSEL ] GK SCS0896A-3



3 accuracy. Notwithstanding Minnesota Statutes, section 94.10,

4 the consideration for the conveyance is the amount paid by the

5 commissioner for the land described in paragraph (c), adjusted

6 for·inflation, using the implicit price deflater for government

7 consumption expenditures and gross investment for state and

8 local governments prepared by the Bureau of Economic Analysis of

9 the United States De~artment of Commerce.

10 _(c) The land that may be sold is located in Wabasha County


12 That part of the South Half of the Southwest Quarter of

13 Section 14, Township 109 North, Range 10 West, Wabasha County,

14 Minnesota, lying southerly of the following described center

15 line:

16 Commencing at the southwest corner of said South Half of

17 the Southwest Quarter from which the southeast corner of

18 said South Half of the Southwest Quarter bears East,

19 assumed bearing; thence South 88 degrees 44 minutes East

20 69.69 feet to the point of beginning; thence North 62


22 feet; thence East 77.19 feet; thence South 86 degrees East




26 thence North 47 degrees East 63.99 feet; thence North 72


28 feet; thence North 39 degrees East 56.12 feet; thence South

29 66 degrees East 80.17 feet; thence South 82 degrees East




33 thence South 22 degrees East 51.75 feet; thence South 43


35 feet; thence North 89 degrees East 53.56 feet; thence North

36 28 degrees East 70.36 feet; thence North 31 degrees East

Section 16 12

03/17/05 [COUNSEL ] GK SCS0896A-3






6 feet; thence South 73 degrees East 72.96 feet; thence South

7 79 degrees East 81.25 feet; thence South 01 degree East

8 82.11 feet; thence South 05 degrees West 73.45 feet; thence





13 feet, more or less, to the south line of said South Half of

14 the Southwest Quarter and there terminating, containing 6.4

15 acres, more or less.

16 (d) The sale would correct an error in a prior land

17 acquisition that cut off the existing access route to the

18 remainder of the adjacent landowner's property.

19 Sec. 17. [PRIVATE SALE OF TAX-FORFEITED LAND BORDERING

20 PUBLIC WATER; WASHINGTON COUNTY.]


22 282.018, subdivision 1, and the public sale provisions of

23 Minnesota Statutes, chapter 282, Washington County may sell the

24 tax-forfeited land described in paragraph (c) by private sale,

25 under the remaining provisions of Minnesota Statutes, chapter

26 282.


28 attorney general for the appraised value of the land.

29 (c) The land to be sold is property ID number

30 22.032.21.12.0001, located in Washington County, and described

31 as: the Northwest Quarter of the Northeast Quarter of Section

32 22, Township 32 North, Range 21 West of the 4th Principal

33 Meridian, except the following: that part platted as GREEN

34 VALLEY-2ND PLAT according to the recorded plat thereof. And

35 also except the South 220 feet of the West 40 feet of said

36 Northwest Quarter of the Northeast Quarter. And also except the

section 17 13

03/17/05 [COUNSEL ] GK SCS0896A-3

1 East 300 feet of the West 750.41 feet of said Northwest Quarter

2 of the Northeast Quarter. And also except commencing at.the

3 northwest corner of Lot 4, GREEN VALLEY according to the

4 recorded plat thereof, which point is on the north line of said

5 Section 22; thence East (North 90 degrees 00 minutes East) along

6 the north line of said GREEN VALLEY and said north line of

7 Section 22 a distance of 418 feet to the northeast corner of Lot

8 7 of said GREEN VALLEY and the point of beginning; thence South

9 00 degrees 03 minutes East, along the easterly line of said Lot

10 7, a distance of 295.6 feet to the southeast corner of said Lot

11 7 and the north line of GREEN VALLEY-2ND PLAT, according to the

12 recorded plat thereof; thence South 76 degrees 49 minutes East,

13 along said north line of GREEN VALLEY-2ND PLAT, a distance of

14 872.7 feet; thence North 54 degrees 37 minutes 30 seconds East a

15 distance of 202.8 feet; thence North 78 degrees 04 minutes 30

16 seconds East a distance of 505 feet, more or less, to the shore

17 of Shields Lake; thence northerly, along the shore of Shields

18 Lake, a distance of 280 feet, more or less, to said north line

19 of Section 22; thence West along said· north line a distance of

20 1573.16 feet, more or less, to the point of beginning.




24 Sec. 18. [REPEALER. J

25 Minnesota Statutes 2004, section 84.033, subdivision .2, is

26 repealed."

27 Delete the title and insert:

28 "A bill for an act relating to natural resources; state 29 lands; modifying requirements for designation of scientific and 30 natural areas; authorizing the private sale of certain surplus 31 st~te lands; authorizing the public and private sale of certain 32 tax-forfeited lands bordering public waters; amending Minnesota 33 Statutes 2004, sections 84.033, by adding a subdivision; 34 97A.093; repealing Minnesota Statutes 2004, section 84.033, 35 subdivision 2. 11

14

03/21/05 [COUNSEL J GK SCS0896A-4

1 Senator ..... moves to amend the delete-everything 2 amendment (SCS0896A-3) to S.F. No. 896 as follows:

3 Page 8, after line 35, insert:

4 "Sec. 14. [PRIVATE SALE OF SURPLUS STATE LAND BORDERING

5 PUBLIC WATER; ROSEAU COUNTY.]


7 94.09, 94.10, and 97A.135, subdivision 2a, the commissioner of

8 natural resources may sell by private sale the surplus state

9 land bordering public waters that is described in paragraph (c).




13 accuracy.

14 (c) The land that may be sold is located in Roseau County

15 and is described as: The southerly 396 feet, south of the south

16 bank of the Roseau River, of the Southwest Quarter of the

17 Northeast Quarter of Section 32, in Township 163 North, Range 40

18 West of the Fifth Principal Meridian in Roseau County,

19 Minnesota. Said tract of land contains 9.29 acres, more or less.

20 (d) The department has determined that the public interest

21 is best served if the property were to be conveyed to the Roseau

22 River Watershed District to allow for completion of the

23 district's flood control management plan."

24 Renumber the sections in sequence and correct the internal

25 references

1

03/21/05 [COUNSEL ] GK SCS0896A-5


3 Page 14, after line 23, insert:

4 "Sec. 18. [EASEMENT ON STATE LAND BORDERING PUBLIC WATER;

5 WASHINGTON COUNTY.]

6 ...@:) Notwithstanding Minnesota Statutes, sections 92.45,

7 94.09, and 94.10, the commissioner of natural resources shall

8 convey an easement on land bordering public water that is

9 described in paragraph (c). The easement shall be issued to the

10 current owners of land who purchased land subject to an easement

11 on the property described i~ragraph (c), and shall allow one

12 dock on the property for use by the easement holders.


14 attorney general for consideration of the easement preparation

15 and filing costs, and provide that the easement to a property

16 owner expires when the current owner conveys to another person

17 the property that gualif ied the person for the easement under

18. paragraph (a). The attorney general may make necessary chaI,!9-eS

19 to the legal description to correct errors and ensure accuracy.

20 (c) The land for which an easement is conveyed is located

21 in Washington County and is described as:

22 part of Government Lot 6, Section 5, Township 29, Range 21, 23 being the South 45 feet lying east of the road, subject to 24 an easement (lot ID# 05.029.21.41.0001)."

25 Renumber the sections in sequence and correct the internal

26 references

27 Amend the title accordingly

1

03/21/05 [COUNSEL ] GK SCS0896A-7


3 Page 12, line 3, delete everything after the period

4 Page 12, delete lines 4 to 9 and insert "Notwithstanding

5 Minnesota Statutes, section 94.10, the consideration for the

6 conveyance is the estimated value for the land described in

7 paragraph (c) as of January 1976, adjusted for inflation using

8 the implicit price deflater for government consumption

9 expenditures and gross investment for state and local

10 governments prepared by the Bureau of Economic Analysis of the

11 United States Department of Commerce for the period starting

12 with January of 1976 and ~nding with January of 2005.''

1

03/21/2005 12:47 FAX 6512965939 STATE OF MN DNR/LAM

03/08/05 [REV:ISOR J CKM/PT AOS-0192·

1

2

··········•••••moves to amend H. F. No. 814 as fo11ows:

~age 2, after 1ine 27, insert:

3 "Sec .. 3. [POBLJ:C SALE OF SORPLUS STATE·LANO BORDERING

4 PUEIL:IC WATER; ST. LOUIS COUNTY.]

5 (a) Notwithstanding Minnesota Statutes( section 92.45, the

6 commissio·ner of natura1 resources may se1l by ·pub1ic sa1e the

7 surp1us 1and bordering pub1ic water that is described in

8 paragraph (c).

9 (bl The sa1e must be in a form approved by the attorney

10 genera1 for consideration no 1ess than the estimated market·

11 va1ue of the 1and. The attorney 9enera1 may make necessary

12 changes in the 1ega1 description to correct errors and ensure

13 ac·curacy.

~002

·-'""'-- ... - -·-- -- -----·r4'"" ·.-- , .... - Tc?)-"The-·rah'Ci ...... 1:.o be soid. is -iocated i.n St ~···i,°';:i°s County and

15 described as: the North 10 feet of the Northeast Quarter of the

l..6 Northwest Quarter., Section 16, Township 57 North,, Range 17 west,

17 1ying east of St • .Mary•s Lake.

1S .· Cdl The parcel. described· in para.graph (C) has been under

19 l.ease.since i969 in order for the adjoining owner to meet county

20 zoning standards and the parce1 is no 1onger needed for natura1

21 resources purposes."

22 Renumber the sections in sequence and correct the ~nterna1

23 :referenoes·

24 Amend the tit1e accordlng1y

l.

DNR-Lands & Minerals ID:651-297-3517 MAR 21'05 13:40 No.002 P.03

Mjnnesot.a J)eparl1nent. of N at.ural Resources

March 21, 2005

]fopresentative Tom Hackbarth Chair, Environment. & Natural Rcsou.tces Committee 409 State Office Building St Paul, Minnesota. 55155

Dear Comln1Ucc Chairs!

500 J,-.foyclll~ Road SL l1cu1l, Mi11m: .. linla SS I ~S-40 __

Senator John Marty Chair~ Environmenl & Natural Resources Committee 323 Capitol St. Paul, Minne~oia 55155

Please accept this Jetter as the DcpartmcnCs written rccomn1enda1fon of disposition regarding t.he proposed legislation amending Laws 2003, First Specia1 Session chapter 13, section 251> rolat1ng to wetlands; clarifying restriction on wetland development in land ~akin Sct>U County.

Roseau County SF 896 Amendment AOS-0290

l>cpartmcnt's Recommendation: No objection

Jf you have any questions~ p1casc feel free to call Paul Po jar at (651) 296-1049, or Gloria Johnson, Division of Lands and Minerals at (651) 296-9559.

cc: Senator TOln Saxhaug, Chair~ Senate l ,ands Subcommittee Senator Leroy Stumpf Senator Tom Bakk

DNR ll1fon1wlion; 6SJ-296-C)J57 • 1-888-646-()jfl'/ • 'ITY; 651-2%-5484 • 1·800-657-~92

03/11/05 [revisor ] cmr/dn 05-3389 · 21.03.2005 · dnr-lands & minerals id:651-297-3517 mar...

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